TMI Blog2021 (7) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... inquiry and trial before the learned Judicial Magistrate, 2nd Court at Alipore. The report of the learned Chief Judicial Magistrate was communicated to the registry through District Judge, South 24 Parganas which reflects that the case record is pending for disposal before the learned Judicial Magistrate, 2nd Court at Alipore and is physically lying at the said Court. But the petitioner has not appeared before the learned Judicial Magistrate, 2nd Court at Alipore, although, substantially the order directing the petitioner/appellant herein was to take proper steps in the case before the Court concerned - a complaint case under Section 138 of the NI Act pending before the Magistrate ought to have been disposed of speedily in a summary mann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Judicial Magistrate, Alipore, but the writ Court has failed to consider that the appellant had prayed for necessary direction upon the respondent no.3 for taking urgent necessary steps to send the original record of filed a under Section 138 of N.I. Act being Case No. C-4392 of 2016 lying in the custody of the learned Judicial Magistrate, 2nd Court, Alipore, South 24 Parganas at Alipore to the office of respondent no. 6, learned CJM, Medinipur. Brief facts leading to the case of petitioner/appellant herein is that the cheques No. 574470 dated 04.12.2013 for ₹ 7,50,000/- and cheque No. 574471 dated 4.12.2013 for ₹ 2,00,000/- drawn on Punjab National Bank, Ballygunge Branch, Kolkata- 700019 issued by the respondent no.7 were pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2016 in granting liberty to file the same in the appropriate court. The said case record was filed before the Learned CJM Alipore, South 24 Parganas within time and on transfer the learned 2nd Court of Judicial Magistrate of Alipore was assigned to hear the case record being renumbered as Case No. C-4392 of 2016. The learned Judicial Magistrate 2nd Court, Alipore, put up the hearing on several dates but in terms of the amendment of N.I Act, the Learned 2nd Court Judicial Magistrate passed the order dated 6.12.2017 transferring the said case record by hand to the learned Court of Chief Judicial Magistrate, Medinipur having jurisdiction to proceed with the matter under his Memo No. 056 dated 22.06.2018. The whereabouts of the case f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nas, Alipore having the jurisdiction. The fact ought to have been appreciated that the learned Chief Judicial Magistrate had returned the original case record of Case no. C-4392 of 2016 under the speed post No. EW114104082IN and the learned Judicial Magistrate, 2nd Court Alipore was assigned with the case records for holding trial through the learned Chief Judicial Magistrate, Alipore. We have heard learned counsel for the appellant herein and gone though the judgement impugned and we are of the view that the order substantially has been passed in favour of the petitioner/appellant to take appropriate steps with regard to the case records pending with the learned Judicial Magistrate, Alipore as it appears that the case records is pend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ily in a summary manner in the letter and spirit of provision under Section 143 NI Act which provides for Power of Court to try cases summarily but the case could not be disposed of due to the transfer and retransfer of the case from the Court of CJM, Medinipur to the Court of CJM, Alipore due to solemn direction passed by the Hon ble Supreme Court. We are alive to the proposition of law held by the Hon ble Supreme Court in this regard that the Court within whose jurisdiction the offence is committed is the Court having jurisdiction where the drawer had issued the cheque and the cheque so issued was dishonoured. With regard to the jurisdiction of Court of Judicial Magistrate of 1st Class, the Hon ble Supreme Court in case of K. Bhaska ..... X X X X Extracts X X X X X X X X Extracts X X X X
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